Election Day Promotions and Legal Restrictions in Milwaukee: A Review of 2016 Voter Incentives

Milwaukee voters in 2016 encountered a complex landscape of Election Day promotions, ranging from complimentary food and beverages at local establishments to organized relief efforts at polling stations. However, these offers were subject to scrutiny and enforcement by local legal authorities, creating a distinction between charitable assistance and prohibited voter inducements. The availability of these incentives was influenced by the geographic location of the voter, the nature of the specific business offering the promotion, and the legal interpretation of election laws regarding "anything of value."

Charitable Poll Relief vs. Commercial Incentives

A significant component of the Election Day experience in Milwaukee was the presence of nonprofit organizations providing sustenance to voters waiting in long lines. World Central Kitchen, a nonprofit group typically focused on global disaster relief, launched an initiative called #ChefsForThePolls. This program provided free chicken salad sandwiches and parfaits to voters in Milwaukee during both early voting periods and on Election Day. The stated goal of this effort was to support the "mental health" of voters and to alleviate the stress associated with long wait times at polling locations. Similarly, local restaurant staff, such as those from Club Charlie’s, moved between polling sites to distribute food to those waiting to vote. These acts were characterized by participants as nonpartisan gestures of goodwill intended to facilitate the voting process.

In contrast to these charitable efforts, many local businesses planned promotions specifically requiring an "I Voted" sticker to redeem offers. These promotions generally fell into two categories: food and beverage discounts or free items, and percentage-based discounts on total bills. The specific offers varied by establishment and included:

  • Bel-Air Cantina: Planned to offer a free margarita to those of legal drinking age who presented an "I Voted" sticker. For individuals under 21 or those abstaining from alcohol, the establishment offered a free fresh lime-aid.
  • Black Husky: Offered a free 7oz. beer alongside a nacho potluck for voters wearing their sticker.
  • Drink Wisconsinbly: Intended to provide a free pint of Miller High Life.
  • Nomad World Pub: Planned to distribute a free can of Pabst Blue Ribbon beer.
  • Club Garibaldi: Offered a free can of Hamm's beer and food (the free food portion was deemed legal).
  • Palomino: Planned to give a free "I Voted" shot and a $1 discount on a slice of pie.
  • Holey Moley: Offered a free "I Voted" donut while supplies lasted, or 25% off the entire order.
  • Bounce Milwaukee: Planned to provide a free drink along with $1 tap beers, most wine, all rail cocktails, and shots.
  • Cafe Bavaria, Cafe Benelux, Cafe Centraal, and Cafe Hollander: Each planned to offer a free small High Speed Wit bier.
  • Cafe Lulu: Offered house-made potato chips and a complimentary champagne toast with the final results.
  • Colonel Hart's: Planned free mugs of Miller and food specials.
  • dandan: Offered 50% off a first cocktail, wine, or draft beer.
  • Honeypie: Offered $1 off any dessert.
  • Indulgence Chocolatiers: Offered a free mini dark chocolate sea salt bar.
  • Lazy Susan: Offered half off select wine, beer, and all specialty cocktails.
  • Lost Valley Cider Co.: Offered $1 off a first drink.
  • Mikey's: Offered complimentary BBQ bites and appetizers, along with "Trump and Hillary cocktail specials" starting at 5pm.
  • Onesto: Offered 25% off the entire bill.
  • Palomino: (Noted above for the shot, also offered $1 off pie).
  • Purple Door Ice Cream: Offered 20% off any menu board item.
  • Smoke Shack: Offered 25% off the entire bill.
  • Swig: Offered 25% off the entire bill.
  • Transfer Pizza: Offered 20% off the entire bill.
  • Up & Under Pub: Offered a free shot at a comedy show.
  • AJ Bombers: Offered 25% off the entire bill.

Legal Restrictions on Voter Incentives

The proliferation of these commercial offers prompted intervention from the Milwaukee County District Attorney’s Office. Bruce Landgraf, an assistant district attorney with the office, clarified that Wisconsin law prohibits offering "anything of value to induce a person to go the polls or not go the polls." The legal threshold for "value" was defined as merchandise worth more than $1.

Consequently, many businesses were forced to rescind their planned promotions. The crackdown specifically targeted offers where the value of the free item exceeded $1. For example, Bel-Air Cantina rescinded its offer of free margaritas. Landgraf noted that he could not find any margaritas in the city priced at less than $1, confirming the illegality of that specific offer. Drink Wisconsinbly received a personal visit from a District Attorney representative regarding their free pint of Miller High Life, as the menu price for that beer exceeded the $1 limit.

While free beer and spirits were largely prohibited due to their value, some establishments pivoted to discounts or low-value items to remain compliant. Club Garibaldi’s offer of a free buffet was noted as having no legal issues, presumably because the value was not explicitly stated as exceeding the threshold or was considered a different category of offer. However, the general consensus among local media and the District Attorney’s office was that most high-value "I Voted" freebies were illegal.

Election Infrastructure and Context

The 2016 election in Milwaukee occurred within a broader context of voting access and infrastructure discussions. In anticipation of high volumes of absentee voting, particularly relevant during health concerns, Milwaukee planned to install more than a dozen secure drop boxes. Mayor Tom Barrett announced this initiative to combat a perceived "full-scale attack on voting by mail" and to ensure convenient access for voters choosing to cast ballots remotely. This infrastructure effort highlighted the city's focus on facilitating the mechanics of voting, distinct from the commercial incentives that were later deemed legally problematic.

Conclusion

The 2016 Election Day in Milwaukee highlighted a tension between community support for voters and strict election laws regarding inducements. While charitable organizations successfully provided free food to voters in line without legal issue, local businesses faced significant restrictions. The Milwaukee County District Attorney’s Office enforced a strict interpretation of state law, prohibiting any offer of items valued over $1 in exchange for an "I Voted" sticker. This enforcement resulted in the cancellation of popular free drink and food promotions at numerous bars and restaurants, shifting the landscape of Election Day freebies from widespread commercial offers to strictly regulated, low-value, or discount-based incentives. Voters in Milwaukee were ultimately left with the option to accept charitable assistance at the polls or take advantage of specific, legally compliant discounts at local establishments.

Sources

  1. USA Today: Acts of kindness at the polls
  2. Radio Milwaukee: Here's what you can get for FREE in Milwaukee with your "I Voted" sticker
  3. CBS News Minnesota: Milwaukee plans to install drop boxes
  4. CBS58: "I Voted" Freebies Nixed after Crackdown from Milwaukee Co. DA's Office
  5. Milwaukee Journal Sentinel: Local bars, restaurants serve up free drinks for voters Tuesday

Related Posts